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Res 11-19 Authorizing a Contract with Lane Construction TOWN OF WESTLAKE RESOLUTION NO. 11-19 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AWARDING BID AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH LANE CONSTRUCTION FOR MAHOTEA BOONE TRAIL AND ASPEN LANE PAVING AND DRAINAGE CONSTRUCTION RELATED TO THE ADOPTED CAPITAL IMPROVEMENT PLAN. WHEREAS, Westlake desires to provide residents and commuters with safe streets adequate drainage; and WHEREAS,the Town Council finds that the proposed construction provides sound infrastructure management and planning consistent with goals and objectives within the adopted Strategic Plan as well as its adopted Capital Improvement Program; and WHEREAS,the Town of Westlake, in accordance with State law, has publicly advertised and opened bids for paving and drainage improvements to Mahotea Boone Trail and Aspen Lane; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of the Town of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake has reviewed the bid tabulation, attached as Exhibit "A", and hereby approves the contract with Lane Construction in the amount of$349,285.00, for the paving and drainage improvements, attached as Exhibit "B", and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas, SECTION 3. The Town Council of the Town of Westlake further authorizes the Town Manager to execute a change order for items deducted from this bid award via the value engineering process as recommended by the project engineer and Director of Public Works. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 11-19 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13T" DAY OF JUNE, 2011. S1� OF WkJXs t - * Laura'Wheat, Mayor ATTEST: TEXAS. Kelly EdwAr4s, Town Secretary Tom Brym r 'o n arlager APPROVED AS O F L. t n Lob4,own p,6mcy Resolution 11-19 Page 2 of 2 Resolution 11-19 Exhibit A Page 1 BID TABULATION Town of Westlake 2011 CIP Paving Project Mahotea Boone Trail and Aspen Lane Reconstruction Bids Opened June 6, 2011 at 2:00 p.m. Base Project#1 -Mahotea Boone Trail Item Lane Constr. Corp. Peachtree Constr. Reliable Paving 3D Paving No. Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1. Demo of existing pavement& mixing wJ 3,570 SY $4.05 $14,458.50 $3.50 $12,495.00 $2.00 $7,140.00 $3.00 $10,710.00 cement for subgrade to provide an 8"thick stabilized road base 2. Cement for stabilization (40 IblSY) 71 TN $110.00 $7,810.00 $110.00 $7,810.00 $105.00 $7,455.00 $115.00 $8,165.00 3. Micro-cracking treatment of subgrade 3,570 SY $0.20 $714.00 $0.25 $892.50 $0.30 $1,071.00 $0.30 $1,071.00 4. 4"thick HMAC Type D surface course 3,330 SY $14.50 $48,285.00 $14.85 $49,450.50 $15.50 $51,615.00 $17.00 $56,610.00 pavement 5. Regrade existing bar ditch along roadway 2,160 LF $3.00 $6,480.00 $3.00 $6,480.00 $1.00 $2,160.00 $2.00 $4,320.00 6, Clean out existing driveway culverts 13 EA $200.00 $2,600.00 $75.00 $975.00 $300.00 $3,900.00 $150.00 $1,950.00 7. Remove and replace existing driveway 13 EA $750.00 $9,750.00 $400.00 $5,200.00 $1,500.00 $19,500.00 $1,500.00 $19,500.00 approach S. Topsoil roadway edge dressing 140 CY $15.00 $2,100.00 $40.00 $5,600.00 $40.00 $5,600.00 $15.00 $2,100.00 9. Seasonal hydromulch seeding 1,600 SY $0.40 $640.00 $0.31 $496.00 $0.50 $800.00 $1.00 $1,600.00 10. Bermuda sodding 1,600 SY $2.75 $4,400.00 $1.95 $3,120.00 $3.00 $4,80000 $4.00 $6,400.00 11. Truck watering to establish vegetation 2 Wk $1,500.00 $3,000.00 $4,100.00 $8,200.00 $1,900.00 $3,800.00 $1,400.00 $2,800.00 12. Silt fence 400 LF $1.50 $600.00 $1.50 $600.00 $2.00 $800.00 $1.25 $500.00 13. Rock check dam 4 EA $30000 $1,200.00 $350.00 $1,400.00 $400.00 $1,600.00 $300.00 $1,200.00 14, Traffic control 1 LS $1,000.00 $1,000.00 $3,000.00 $3,000.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 15. CIP project sign (4'x8') 1 EA $250.00 $250.00 $400.00 $400.00 $600.00 $600.00 $400.00 $400.00 Subtotal for Base Project#1 $103,287.501 $106,119.00 $113,341.00 $118,326.00 BID TABULATION-Westlake 2011 CIP Paving-2011-06-06(2) Resolution 11-19 Exhibit A Page 2 Base Project#2-Aspen Lane Item Lane Constr. Corp. Peachtree Constr. Reliable Paving 31) Paving No. Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 16. Demo of existing pavement& mixing w/ 9,360 SY $4.05 $37,908.00 $3.50 $32,760.00 $2.00 $18,720.00 $2.80 $26,208.00 cement for subgrade to provide an 8"thick stabilized road base 17. Cement for stabilization (401bISY) 187 TN $110.00 $20,570.00 $110,00 $20,570.00 $105.00 $19,635.00 $115.00 $21,505.00 18. Micro-cracking treatment of subgrade 9,360 JSY $0.20 $1,872.00 $0.25 $2,340.00 $0.30 $2,808.00 $0.30 $2,808.00 19. 4"thick HMAC Type D surface course 8,750 $14.50 $126,875.00 $14.85 $129,937.50 $15.50 $135,625.00 $17.00 $148,750.00 pavement 20. Regrade existing bar ditch along roadway 5,700 LF $3.00 $17,100.00 $3.00 $17,100.00 $1.00 $5,700.00 $2.00 $11,400.00 21. Clean out existing driveway culverts 12 EA $200.00 $2,400.00 $75.00 $900.00 $300.00 $3,600.00 $150.00 $1,800.00 22. Remove and replace existing driveway 12 EA $750.00 $9,000.00 $400.00 $4,800.00 $1,500.00 $18,000.00 $1,500.00 $18,000.00 approach 23. Topsoil roadway edge dressing 350 CY $15.00 $5,250.00 $40.00 $14,000.00 $40.00 $14,000.00 $15.00 $5,250.00 24. Seasonal hydromulch seeding 4,150 SY $0.40 $1,660.00 $0.31 $1,286.50 $0.50 $2,075.00 $1.00 $4,150.00 25. Bermuda sodding 4,150 SY $2.75 $11,412.50 $1.95 $8,092.50 $3.00 $12,450.00 $4.00 $16,600.00 26, Truck watering to establish vegetation 2 Wk $1,500.00 $3,000.00 $4,100.00 $8,200,00 $1,900.00 $3,800.00 $1,400.00 $2,800.00 27. Silt fence 600 LF $1.50 $900.00 $1.50 $900.00 $2.00 $1,200.00 $1.25 $750.00 28. Rock check dam 8 EA $300.00 $2,400,00 $350.00 $2,800.00 $400.00 $3,200.00 $300.00 $2,400.00 29. Traffic control 1 LS $1,000.00 $1,000.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 30. GIP project sign (4'x8') 1 EA $250.00 $250.00 $400.00 $400.00 $600.00 $600.00 $400.00 $400.00 Subtotal for Base Protect#2 $241,597.501 $247,086.50 $246,413.001 $267,821.00 Miscellaneous Items Item Lane Constr. Corp. Peachtree Constr. Reliable Paving 31)Paving No. Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 31. Prep&implementation of a SWPPP 1 LS $1,000.00 $1,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $1,200.00 $1,200.00 including inspections 32. Payment&performance bond 1 LS $2,200.00 $2,200.00 $6,600.00 $6,600.00 $4,500,00 $4,500.00 $9,000.00 $9,000.00 33. 2 Year, 20% maintenance bond 1 LS $1,200.00 $1,200.00 $3,000.00 $3,000.00 $500.00 $500.00 $2,000.00 $2,000.00 Subtotal for Miscellaneous Items $4,400.00 $11,60000 $7,000.00 $12,200.00 Total Base Project Cast $349,285.001 $364,805.501 $366,754.001 $398,347.00 BID TABULATION-Westlake 2011 CIP Paving-2011-06-06(2) Resolution 11-19 Exhibit A Page 3 Altemate No. 1 Item Lane Constr.Corp. Peachtree Constr. Reliable Paving 3D Paving No. Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 4A. 2"thick HMAC Type D surface course 3,280 SY $7.90 $25,912.00 $7.65 $25,092.00 $8.00 $26,240.00 $9.50 $31,160.00 pavement for Mahotea Boone Trail Alternate#1 Subtotal for Base-Project#1 $80,914.50 $81,760.50 $87,966.00 $92,876.00 Alternate No. 1 Item Lane Constr. Corp. Peachtree Constr. Reliable Paving 3D Paving No. Description Qty. Unit Unit Cast Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 19A 2"thick HMAC Type D surface course 8,750 SY $7.90 $69,125.00 $7.65 $66,937.50 $8,00 $70,000.00 $9.50 $83,125.00 pavement for Aspen Lane Altemate#1 Subtotal for Base Project#2 $183,847.501 $184,086.501 $180,788.001 $202,196.00 Total Alternate No. 1 Project Cost $269,162.001 $277,447.00 $275,754.00 $307,272.00 Alternate No.2 Item Lane Constr. Corp. Peachtree Constr. Reliable Paving 313 Paving No. Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 6A. Remove, dispose of and replace existing 13 EA $1,100.00 $14,300.00 $2,100.00 $27,300.00 $3,000.00 $39,000.00 $1,350.00 $17,550.00 driveway culvert including stone headwalls at each end Alternate#2 Subtotal for Base Project#1 $114,987.50 $132,444-001 $148,441.00 $133,926.00 Alternate No.2 Item Lane Constr. Corp. Peachtree Constr. Reliable Paving 3D Paving No. Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 21A Remove, dispose of and replace existing 12 EA $1,100.00 $13,200.00 $2,100.00 $25,200.00 $3,000.00 $36,000.00 $1,350.00 $16,200.00 driveway culvert including stone headwalls at each end Alternate#2 Subtotal for Base Project#2 $252,397.501 $271,386,501 $278,813.001 $282,221.00 Total Alternate No. 2 Project Cost' $371,785.00 $415,430.50 $434,254-001 $4281347.00 Total Alternate No. 1 & 2 Project Cast $349P412.001 $391,072.001 $408,879.00 $402,897.00 BID TABULATION-Westlake 2011 CIP Paving-2011-06-06(2) Resolution 11-19 Exhibit A Page 4 SUMMARY PAGE Number of Calendar Days Lane Constr. Corp. Peachtree Constr. Reliable Paving 3D Paving Begin Construction on Project#1 Days 10 15 10 10 Complete Construction of Project#1 Days 20 45 45 60 Begin Construction on Project#2 Days 20 30 20 20 Complete Construction of Project#2 Days 25 45 45 60 Total Number of Days Bid 55 105 100 130 Bid Bond Received I YIN Yes I Yes IYes IYes Total Base Project Cast $349,285.001 $364,805.501 $366,754.00 $398,347.00 Total Alternate No. 1 Project Cost $269,162.001 $277,447.001 $275,754.001 $307,272.00 Total Alternate No. 2 Project Cost $371,786.001 $415,430.501 $434,254.00 F $428,347.00 Total Alternate No. 1 & 2 Project Cost $349,412.001 $391,072.001 $408,879.00 $402,897.00 BID TABULATION-Westlake 2011 CIP Paving-2011-06-06(2) SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2011 C1P PAVING PROJECT (Mahotea Boone Trait & Aspen Lane) JULY 2011 TOWN OF WESTLAKE LAURA WHEAT MAYOR TOWN COUNCIL CAROL LANGDON — MAYOR PRO TEM CLIF COX RICK RENNHACK TIM BRITTAN DAVID LEVITAN THOMAS E. BRYMER TOWN MANAGER W. JEFF WILLIAMS, P.E. TOWN ENGINEER GRAHAM ASSOCIATES, INC. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DR., SUITE 500 ARLINGTON,TEXAS 76011 PHONE: (897)640-8535 TABLE OF CONTENTS 1. Project Location Map 2. Proposal (Contract Amount) 3. Maintenance Bond 4. Performance Bond S. Payment Bond 6. Standard Form of Agreement I 7. Certificate of Insurance 8. Indemnification 9. Project Detail Site Maps 10. General Conditions 11. Specifications 12. Special Conditions 13. Geotechnical Engineering Report by Landtec PROJECT LOCATION MAP VICINITY MAP [nn 2011 CAPITAL ROADWAY PROJECTS I `o " MTOWN LIMITS 114 T R O P H Y C L U B �� "..' f I i WESTLAKE IO.O.F. r CEMETiAY cr J.T.OTTINGER .1 eZ F 7 0 PROJECT T`` (�I �' N F r, LOCATIQN S T L A �j u .# 1J z� cc:iMAFiQTEA TOWN LIMITS Li BQQNE DOVE F�OAD a A $C:;vD SSM �. TRAIL _ TOW I LIMITS j -- PROJECT I o '; C— LOCATION DOVE ROA o { ASPEN I- , h'' RANOOLLANE MILL RD. - a z I � CREEK CIR ; TOWN LIMITS _ I w I in C I T Y O F 0 U T H L A K E gw _ TOWN LIMITS PROPOSAL To: Town of Westlake For: 2011 CIP Paving Project The undersigned Contractor having thoroughly examined the contract documents, including specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and material, except as specified to be furnished by the Town, which is necessary to fully complete all of the work as provided in the contract documents and subject to the inspection and approval of the Town of Westlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the contract documents for the performing and completing of said work. Contractor proposes to do the work within the time stated and for the following sum: PROPOSAL SCHEDULE i ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE BASE PROJECT#1 MAHOTEA BOONE TRAIL 1, 3,150 S.Y. Demolition of existing pavement and mixing with cement for a subgrade to provide an 8" thick stabilized road base on Mahotea Boone Trail which shall include all labor,materials and equipment, complete in-place for; Four Dollars Fo Cents Per-Square Yard $ 4.40 $_ 13,860-00 2. 63 TN. Cement for stabilization(40 lb/SY)on Mahotea Boone Trail which shall include furnish and installation,complete in-place for; One-Hundred and Ten Dollars No Cents Per Ton $___L10.00 S 6.430.04 P-1 1 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 3. 3,150 S.Y. Micro-cracking Treatment of the moist cured subgrade to include three(3)full passes with a vibratory roller as specified in the attached geotechnical report to be done on Mahotea Boone Trail which shall include all labor and equipment,complete for; No Dollars Twenty Cents Per Square Yard $ 630.00 4. 2,910 S.Y. Furnish and installation of 4"HMAC Type"D" surface course(22' wide)on Mahotea Boone Trail,complete in-place for; Fifteen Dollars No Cents Per Square Yard $ 15.00 $ 43.650.00 5. 1,500 L.F. Re-grade existing bar ditch along Mahotea Boone Trail,complete in-place for; Three Dollars No Cents Per Linear Foot $ 3,00 $ 4.500.00 6. 10 EA. Clean out existing driveway culverts along Mahotea Boone Trail,complete in-place for; Two-Hundred Dollars No Cents Per Each $__L0_0.00 $ 2.Ofl0.00 7, 10 EA. Remove and replace existing driveway approaches along Mahotea Boone Trail, complete in-place for; Seven-Hundred and Fifty Dollars No Cents Per Each $ 750.00 $ 7.500.00 g, 125 C.Y. Topsoil roadway edge dressing for Mahotea Boone Trail,complete in-place for; Fifteen Dollars No Cents Per Cubic Yard $ 15.00 $ 1 875.00 P-2 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO, AND UNIT PRICE PRICE 9, 1,200 S.Y. Seasonal Hydromulch Seeding along Mahotea.Boone Trail,complete in-place for; No Dollars Forty Cents Per Square Yard $ 0.40 $_--480.00 10. 1,200 S.Y. Bermuda sodding along Mahotea Boone Trail, complete in-place for; Two Dollars Seventy-Five Cents Per Square Yard $ 2.75 $ 3 300,00 11. 2 WK. Truck watering to establish vegetation/ growth of seed/sod along Mahotea Boone Trail,complete for; One-Thousand Five-Hundred Dollars 1,7o Cents Per Week $ 1 500.00 $ 3,000.00 I, 12. 400 L.F. Silt Fence along Mahotea Boone Trail, complete in-place for; One Dollars Fi Cents Per Linear Foot $ 1.50 $ 600.00 13. 4 EA. Rock check dams for Mahotea Boone Trail, complete in-place for; Three-Hundred Dollars No Cents Per Each $ 300.00 $ 1,200-00 14. 1 L.S. Traffic Control for Mahotea Boone Trail including an Engineered Plan, complete in-place for; One-Thousand Dollars No Cents Per Lump Sum $_1,000.00 $ 1l 000.00 P-3 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 15. 1 EA. C1P Project sign(4'x8')for Mahotea Boone Trail(Refer to detail),furnished and installed, complete in-place for; "Two-Hundred Dollars Fifty Cents Per Each $ 250.00 $ 250.00 SUBTOTAL FOR MAHOTEA BOONE TRAIL $ 90 775.00 BASE PROJECT#2 ASPEN LANE 16. 7,860 S.Y. Demolition of existing pavement and mixing with cement for a subgrade to provide an 8" thick stabilized road base on Aspen Lane which shall include all labor,materials and equipment,complete in-place for; I Four Dollars Fo Cents Per Square Yard $ 4.40 $ 34,584.00 17 157 TN. Cement for stabilization(40 Ib/SY)on Aspen Lane which shall include furnish and installation,complete in-place for; One-Hundred and Ten Dollars No Cents Per Ton $ 110.00 $ 17,270.00 1 g, 7,860 S.Y. Micro-cracking Treatment of the moist cured subgrade to include three(3)full passes with a vibratory roller as specified in the attached geotechnical report to be done on Aspen Lane which shall include all labor and equipment, complete for; No Dollars Twenty Cents Per Square Yard $ 0.20 $ 1,57100 P-4 1 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT PRICE TOTAL f NO. AND UNIT I 19. 7,250 S.Y. Furnish and installation of 4"HMAC Type"D" j surface course(23' wide)on Aspen Lane, ii complete in-place for; Fifteen Dollars No Cents $ 15A0 $ 108 750.00 Per Square Yard 20. 5,200 L.F. Re-grade existing bar ditch along Aspen Lane, complete in-place for; Three Dollars No Cents Per Linear Foot $ 3.00 604.00 $ 15 { 21 14 EA. Clean out existing driveway culverts along Aspen Lane,complete in-place for; Two-Hundred Dollars No Cents $ 200.40 $ 2,800.40 Per Each 22 2 EA. Remove and replace existing driveway approaches along Aspen Lane, complete in-place for; Seven-Hundred and Fifty Dollars No Cents Per Each $ 750.00 $ 1,5 0.00 23 320 C.Y. Topsoil roadway edge dressing for Aspen Lane,complete in-place for; Fifteen Dollars No Cents Per Gubic Yard $ 15.00 $ 4.800.00 24. 3,000 S.Y. Seasonal Hydromulch Seeding along Aspen Lane,complete in-place for, No Dollars FpM Cents Per Square Yard $ 0.40 1 $ 200.00 P-5 IT TOTAL ITEM QUANTITY DESCRIPTION&PRICE IN WORDS PNCE TRICE NO. AND UNIT 25. 3,000 S.Y. Bermuda sodding along Aspen Lane, complete in-place for; Two Dollars Seven -Five Cents Per Square Yard $ 2.75 $ 8.250.00 26 2 WK. Truck watering to establish vegetation/ growth of seed/sod along Aspen Lane, complete for; One-Thousand Five-Hundred Dollars No Cents Per Week $ 1,500.00 $ 3,0 0.00 27 600 L.F. Silt Fence along Aspen Lane, complete in-place for; One Dollars _ Fifty Cents Per Linear Foot $ 1.50 $ 900.00 28 8 EA. Rock check dams for Aspen Lane, complete in-place for; i Three-Hundred Dollars No Cents Per Each $ 300.00 $ 2400.00 I 29. 1 L.S. Traffic Control for Aspen Lane including an Engineered Plan, complete in-place for; One-Thousand Dollars No Cents Per Lump Sum $_I 000.00 $ 1.000.00 30. 1 EA. CIP Project sign(4'x8')for Aspen Lane(Refer to detail),furnished and installed, complete in-place for; Two-Hundred and Fifty__Dollars No Cents Per Each $ 250.00 $ 250.00 1, SUBTOTAL FOR ASPEN LANE $ 203,876.00- P-6 03 $76.00P-6 i 1 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE MISCELLANEOUS ITEMS 31. 1 L.S. Preparation and Implementation of a Storm Water Pollution Prevention Plan, including inspections, complete in-place for; One-Thousand Dollars Na Cents Per Lump Sum $ 1.000.00 $ 1 000.00 32. 1 L.S. Payment and Performance Bond, complete for; Two-Thousand Two-Hundred Dollars No Cents Per Lump Sum $ 2,200.00 $ 2.200.00 I 33. 1 L.S. 2-Year 20%Maintenance Bond, complete for; E One-Thousand Two-Hundred Dollars No Cents Per Lump Sum $ 1 200.00 $ 1 200.00 3 SUBTOTAL FOR MISCELLANEOUS S 400.00 i V l (THIS AREA INTENTIONALLY LEFT BLANK) P-7 SUMMARY BASE PROJECT: SUBTOTAL FOR MAHOTEA BOONE TRAIL (BASE PROJECT#1) 90 775.00 SUBTOTAL FOR ASPEN LANE (BASE PROJECT#2) $ 203 876.00 SUBTOTAL FOR MISCELLANEOUS ITEMS 4 400•(10 *TOTAL PROJECT $ 2994051-00 *Total Project Cost includes bonds, traffic control and other incidentals necessary to complete the w=ork scope of this contract. This total must agree with the total amount bid. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no more than the invoice price for such material to the Contractor. (THIS AREA INTENTIONALLY LEFT BLANK) P-8 PART B—PROPOSAL (Continued) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the Owner in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for I the delay and additional work caused thereby. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring k employee applicants to the undersigned are not discriminated against. The bidder agrees to begin construction within 10 calendar days after the issuance of the Notice to Proceed with Construction (Work Order), and to complete the contract within 45 calendar days after receipt of said notice. Receipt is acknowledged of the following addenda: Addendum No. 1 None (Seal) if bidder Corporation Addendum.No. 2 None Addendum No. 3 None Respectfully submitted Company: Lane Construction Corporation. Name: JIM M. FERRE1_L Signature: �.,r`?'�.� Date: EXEC.VICE PRESWENT l Title: & CEO Address: r,0 City, State, Zip: CVp 3"To, , C—T a L 4 1 e Phone: Z-;03- Z35-335 1 Fax: -aP3- P-g AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the 14- tray of-1 in the year 2011, by and between the Town of , Westlake Texas (hereinafter calle OWNER) and _ LANE CONSTRUCTION CORPORATION (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1.WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2011 CIP Paving Project The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Town of Westlake Article 2. ENGINEER. The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assumes all duties and responsibilities and has the rights and authority assigned to ENGINEER by the OWNER in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within ten (10) days after the date of written notice to commence work, and to complete the work on which he has bid within 90 working days as provided in the General Conditions. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. A-1 Article 6. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.9. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the ENGINEER, it be necessary_ 7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 7.4. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 7.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: A-2 8.1 Project Location Map consisting of one (1) page; 8.2 Notice to Bidders consisting of one (1) page; 8.3 Instructions to Bidders consisting of four (4) pages; 8.4 Proposal consisting of nine (9) pages; 8.5 Maintenance, Performance and Payment Bonds consisting of seven (7) pages; 8.6 This Agreement consisting of four (4) pages; 8.7 Certificate of Insurance and Indemnification consisting of two (2) pages; 8.8 Project Detail Site Maps consisting of seven (7) pages; 8.9 General Conditions consisting of twenty-six (26) pages; 8.10 Specifications and Special Conditions consisting of thirty-seven (37) pages; 8.11 and the Geotechnical Report consisting of twenty-eight (28) pages. There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR,. exclude CONTRACTOR from the site and take possession of the Work. Article 10. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 102. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. A-3 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This agreement will be effective on the .`lam—day of_ 2011• OWNER: CONTRACTOR: Town of Westlake, Texa LANE CONSTRUCTION CORPORATION By: L Thomas E. Brym ,r, To n Manager �Ec VICE PRESMENT 8 CFO ATTEST. ATTEST: Kelly war , Town Secretary Address forgiving notices: Address for giving notices: 3 Village Circle, Suite 202 (?o Qd_a s&:" �u r+ Westlake, Texas 76262 C1 ` 14110 (if OWNER is a public body, attach List name of person to whose attention resolution authorizing execution of notices are to be sent: Agreement. o�yN 4F y,� (If CONTRACTOR is a Corporation, attach evidence of authority to sign.} * 7� M rA A IS A-4 THE 90 Fieldstone Court Cheshire,CT 06410-1212 203-235-3351 LANE 203-237-4260 Fax www.laneconstruct.com CONSTRUCTION CORPORATION I%mmww A Commitment to Excellence Resolution unanimously approved by the Board of Directors of The Lane Construction Corporation on March 17,2011: VOTED: That effective June 1, 2011, the following be and hereby are authorized to sign contracts,agreements and performance and payment bonds on behalf of this Corporation, rescinding all previous authorizations: R. E.Alger, President and Chief Executive Officer D. P. Dobbs, Executive Vice President Administration and Secretary J. M. Ferrell, Executive Vice President and Chief Financial Officer K. D Junco, Chief Operating Officer and Executive Vice President M. M. Cote, Executive Vice President, Northern Division D. F. Benton, Executive Vice President, Southern Division J. S. Cruickshank, Executive Vice President and General Counsel V. J. Caiola,Vice President, CIO,Treasurer&Assistant Secretary J. O. Hughes, Regional Vice President South-Southwest Region &Assistant Secretary J. P. Lark, Regional Vice President Mid-Atlantic Region &Assistant Secretary S.A. Leach, Regional Vice President Northeast Region &Assistant Secretary D, J. Rankin, Regional Vice President Mid-South Region &Assistant Secretary M.A. Schiller, Regional District Manager M. C. Cuilik, District Manager H. D. Fletcher, District Manager D.W. Grey, District Manager G.A. Hassfurter, District Manager M. R. Hindt, District Manager G. F. Jerabek, District Manager R. P. Lane, District Manager D.A. Luzier, District Manager R.A. McDonough, District Manager J. P. McLear, District Manager D. S. Mason, Jr., District Manager D. B. O'Connor, District Manager H.W. Reitz, District Manager R. E. Spencer, District Manager P. J. Paul,Assistant District Manager K K. Prince,Assistant District Manager T. R. Larson, Chief Engineer R. Burton, Senior Plant Manager I hereby certify that the above is a true copy of the Resolution unanimously approved by the Board of Directors of The Lane Construction Corporation on March 17, 2011, and that the above vote has not been rescinded and stands in full force and effect as of this date. THE LANE CONSTRUCTION CORPORATION July 7, 2011 c �. ,- C, �..t tek Date Assisjant Secretary State of Connecticut July 7, 2011 County of New Haven Date Personally appeared before me,Vincent J. Caiola,Assistant Secretary, and ma a oath that the above is a true copy of the minutes of the Board of Directors of The Lane Construction Corporation. 4�6,d�! %t.C�' Patricia A. Delekta, Notary Public My Commission Expires July 31, 2014 An Equal Opportunity Employer M/F/D/V